W. Va. Code R. § 58-15-6

Current through Register Vol. XLI, No. 43, October 25, 2024
Section 58-15-6 - Procedure
6.1. Notification. At the occurrence of damage, the landowner, lessee, or tenant shall notify a local natural resources police officer or Division of Natural Resources district law enforcement office and report his or her name, address, specific location where the damage is occurring, type of damage, and species causing such damage.
6.2. Natural Resources Police Officer Investigation. A natural resources police officer or his or her wildlife biologist designee shall investigate the alleged damage according to the procedures outlined in this rule, complete the necessary wildlife damage forms and permits, and submit completed forms quarterly to the district wildlife biologist.
6.2.1. When satisfied that the landowner, lessee, or tenant is suffering wildlife damage, natural resources police officer or his or her wildlife biologist designee may disregard Section 6.3, complete the Wildlife Damage Investigation Report and mail a copy with kill permits and tags to the complainant.
6.3. Determination of Substantial Damage.
6.3.1. Cultivated Crops and Vegetable Gardens. A natural resources police officer or his or her wildlife biologist designee shall select a starting point in the area the crop or vegetable garden owner indicates damage has occurred and follow along the crop row or a straight line in the case of grain or forage crops. After every five steps he/she shall record if damage is occurring within a one-step radius of that point. If damage can be found at 20% of the sample points, then there is substantial damage.
6.3.2. Fruit Trees, Homeowner's Trees and Shrubs, and Commercial Nurseries. Damage must occur on 20% of the trees in the portion of the orchard or nursery receiving damage or to 20% of the homeowner's trees and shrubs. To be included in the calculation, browse damage must occur on at least 10% of the ends of branches at a height of five feet and lower.

W. Va. Code R. § 58-15-6